Impact of the Industrial Disputes (Amendment Act), 2010

Impact of the Industrial Disputes (Amendment Act), 2010

Introduction
In our country, the Industrial Disputes Act, 1947 is the main legislation for the settlement of all industrial disputes. As all our HR team members would have been aware the recent amendments to the Industrial Disputes Act has brought sweeping changes in the Act after two decades by the introduction of Sub Section (2) & (3) Direct reference of Dispute . These amendments have come into force w.e.f. 15.09.2010 vide its Notification No. S.O. 2278(E) date 15.09.2010 Its impact on the Principal Employer are being shared in this presentation.

Impact of the Industrial Disputes (Amendment Act), 2010

The impact of amendments in Industrial Disputes Act are : 1.In case of individual dispute of workman related to discharge, dismissal, retrenchment or termination by any means, now the workman has the right to approach labour court directly without waiting for conciliation proceedings and Govt. reference. But he has to wait for three months for this direct action from the date of filing his application before conciliation officer if the Govt. is not able to complete the reference process within three months. Earlier there was no such direct option available to workman to approach labour court.

2. Such workman in case of individual dispute has to file claim within time limit period of three years. Earlier there was no such limitation period prescribed under the ID Act.
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Impact of the Industrial Disputes (Amendment Act), 2010

3. Wage ceiling of workman has been enhanced from Rs. 1600/per month to Rs. 10,000/- per month, which means now any person working in any industry doing any manual, unskilled, skilled, technical, operational, clerical or supervisory work drawing wages up to Rs. 10000/- will be a workman. Earlier this limit was up to Rs. 1600/-. By this amendment the coverage of workman has been increased and more people are covered now under the Act. 4. Definition of appropriate Govt. has been amplified. Now the industry, corporation, PSEs owned or controlled by the Central Govt., for them appropriate Govt. would be Central Govt. 5. In case of such industry under the control of State Govt., appropriate Govt. would be State Govt.
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Impact of the Industrial Disputes (Amendment Act), 2010

6. Qualifications of labour court / tribunal Judges are expanded. Now the Dy. Labour Commissioners / Joint Labour Commissioners with degree of Law having 7 years of experience can also become labour court judges.

7. Every industry employing 20 or more workmen is now under legal obligation to constitute and have a grievance redressal machinery in place in the organization to resolve the workers dispute at the first level. Earlier it was not legally essential. The related provisions which were brought in the ID Act in 1984 were never enforced.

Impact of the Industrial Disputes (Amendment Act), 2010

8. Now the provision has been made to execute the labour court / tribunal decision. Earlier there was no such provision in the Act and even after decision of the labour court / tribunal there was no machinery to enforce its execution on the employer. Now the labour court / tribunal shall transmit their award to concerned civil court who shall execute the award as if a decree was passed by the court.

Impact of the Industrial Disputes (Amendment Act), 2010

THANKS
Compiled by:
Vikram Singh

E Mail: vikramlamhe@gmail.com
Contact: +919810102421